Article 28 of the Saudi Trade Remedies Law
المادة 28 من نظام المعالجات التجارية في التجارة الدولية · الفصل الحادي عشر: التحقيقات الخليجية
The article allows the domestic industry to file a trade remedies complaint under the Law or under the Unified GCC Law, but not both, and bars imposing measures under both for the same situation.
Official text (Arabic)
This article has not been amended since the law was issued.
1- يحق للصناعة المحلية التقدم بشكوى المعالجات التجارية ضد مُنتَج مستورد من مَصدَر ما إما بناءً على النظام أو النظام الموحد، ولا يتم الجمع بين الشكاوى والتحقيقات التي تنظر في نفس المنتج المستورد من نفس المصدَر بناءً على النظامين بشكل متزامن.
2- لا تفرض التدابير بناءً على كلٍّ من النظام والنظام الموحد بشكل متزامن على الواردات الموجهة إلى المملكة ضد الـمُنتَج نفسه والمصدَر نفسه لمعالجة الحالة نفسها للإغراق أو الدعم المخصص أو الزيادة في الواردات.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 28 explained in plain English
This article regulates the relationship between this Law and the Unified Law, which under Article 1 is the Unified Law (Code) on Anti-Dumping, Countervailing and Safeguard Measures of the Gulf Cooperation Council States (as amended).
Paragraph 1 - choosing between the two laws:
- The domestic industry may file a complaint against a product imported from a given source either under this Law or under the Unified Law.
- Complaints and investigations concerning the same product from the same exporter under the two laws are not combined at the same time.
Paragraph 2 - preventing duplicate measures: measures are not imposed under the two laws at the same time on imports directed to the Kingdom against the same product and the same exporter to remedy the same situation of dumping, specific subsidy or increase in imports.
The idea is that the domestic industry has two paths, national and Gulf, but the same situation may not be remedied twice at the same time. Note that the bar is limited to the same product, exporter, situation and timing.
Under Article 1, Gulf investigations are those conducted in accordance with the Unified Law. Article 29 follows, requiring the Authority to coordinate with the relevant government bodies to help the domestic industry and the Technical Secretariat Office in conducting Gulf investigations. Anyone weighing the two paths may consult a lawyer specialized in international matters and foreign investment.
Practical example
A Saudi cement factory faces dumped imports from a certain exporter. It can file its complaint with the Authority under the Saudi Law, or follow the path of the Unified GCC Law, but the two investigations may not run together at the same time on the same product from the same exporter.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 28 of the Saudi Trade Remedies Law
Can a dumping complaint be filed under both the Saudi and the Gulf laws?
Complaints and investigations on the same product from the same exporter under the two laws are not combined at the same time, so the complaint is filed under one of them.
Can Saudi and Gulf dumping duties be imposed on the same situation?
Measures are not imposed under the two laws at the same time against the same product and the same exporter to remedy the same situation.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.